People v. Serrano
California Court of Appeal
2023 WL 6281039 (2023)
- Written by Brianna Pine, JD
Facts
Michael Ray Serrano (defendant) was a member of La Posada Trece (LPT), a gang in Salinas, California. Serrano was arrested and charged with attempted murder and other crimes arising from his alleged involvement in a gang-related shooting at an apartment complex associated with a rival gang. The shooters approached the victims in the dark, without warning, and fired multiple rounds from a semiautomatic firearm. During the investigation, authorities recovered a rap video on Serrano’s cell phone recorded 24 days before the shooting. In the video, Serrano rapped about gang life and violence, including references to defending LPT territory and targeting rival-gang members in Salinas, such as: “Creepin’, in the middle of the night. Lookin’ for a busta to take away his life . . . My automatic will spray . . . Holdin’ our ground, Salastown . . . LPT.” At trial, the prosecution introduced the video and lyrics to show Serrano’s motive and intent. Serrano objected, arguing that their admission violated his First Amendment rights and, alternatively, that any probative value was substantially outweighed by the risk of unfair prejudice. The trial court admitted the video and lyrics, and a jury convicted Serrano of attempted murder and other offenses. Serrano appealed.
Rule of Law
Issue
Holding and Reasoning (Wilson, J.)
What to do next…
Here's why 907,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,100 briefs, keyed to 996 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
